Terms & Conditions
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Terms of Use
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Accounts
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License
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Availability, Errors, and Inaccuracies
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Privacy
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Links To Other Web Sites
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Copyright Complaints
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Compliance With Laws
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Indemnification
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Disclaimer Of Warranties
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Limitation Of Liability; Waiver
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Exclusions
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Time Limitation On Claims
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Governing Law
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Class Action Waiver
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Miscellaneous Terms
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Changes
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Text Message Opt-In
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Text Message Opt-Out
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Contact Us
Terms of Use
By accessing or using the website www.monarkcap.com (“Website”) or any service made available by Monark Capital LLC or its affiliates (“Monark Capital”) (together, the “Service”), whether accessed in Florida or elsewhere, you agree to be bound by these terms of use (“Terms”). Your use of certain Services may be subject to additional terms, which will be either listed in the Terms or presented to you for your acceptance when you sign up to use such Services or purchase products. These Terms govern your legal rights and obligations. By accessing or using the Service, you acknowledge and represent that you have read, understand, and are fully able and competent to accept these terms and conditions and agree to be legally bound by them. If you are under the age of thirteen (13) or if you do not agree to these Terms, do not use the Service. The terms and conditions below limit our liability and obligations to you and allow us to change, suspend, or terminate your access to and use of the Service at any time in our sole discretion. It is your responsibility to read the following terms and conditions.
Accounts
When you create an account with Monark Capital LLC, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may lead to immediate termination of your account. You must promptly notify us upon discovering any security breaches or unauthorized account usage. Your account is strictly for your own use and business needs. You may not authorize others to use your account, nor can you transfer or assign it to any other individual or entity. You are solely responsible for the information and content you provide, make available through the Service, and any interactions with third parties. Attempting to create a duplicate account will result in rejection and suspension of your account. You accept all risks associated with using the Services, including interactions with third parties, such as lenders. Monark Capital LLC cannot guarantee matches for all users or the ability to obtain business funding. You agree to provide accurate, true, current, and complete information, and to use the Service only for legal business purposes, in compliance with federal, state, and local laws.
License
The Service includes content owned or licensed by Monark Capital LLC (“Monark Capital Content”). Monark Capital Content is protected by copyright, trademark, patent, trade secret, and other laws, and, as between you and Monark Capital, Monark Capital owns and retains all rights in the Monark Capital Content and the Service. You may not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying the Monark Capital Content. Additionally, you may not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit the Monark Capital Content. With these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Service only for its intended use. We may terminate this license at any time for any reason. You may not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Service, without first obtaining the prior written consent of the owner of such proprietary rights. By providing information or content to any account or public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Monark Capital and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display, and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. From time to time, we may create, test, or implement new features or services on the Service in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.
Availability, Errors, and Inaccuracies
We are continuously updating our Service. As a result, the Service may be described inaccurately or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including availability and services. While we make every effort to ensure that the Service functions properly, we cannot guarantee that our Services will work as intended or that content will be available or accessible at any specific point in time. We expressly disclaim any and all liability for delayed, lost, or unsent messages or errors associated with the content or Services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Our Service depends on various factors such as software, hardware, and communications networks, as well as other factors outside of our control. You understand that we do not guarantee that the Service will be uninterrupted or that it will be timely, secure, and error-free.
Privacy
Use of the Service is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms. Please carefully review our Privacy Policy. By using or accessing the Service, you agree to be bound by the terms of our Privacy Policy.
Links To Other Web Sites
Our Service may include links to or other content related to third-party websites or services that are not owned or controlled by Monark Capital LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We are not responsible for the availability or content of such third-party links, websites, products, or services. You acknowledge and agree that Monark Capital LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to review the terms and conditions and privacy policies of any third-party websites or services that you visit.
Copyright Complaints
Monark Capital respects the intellectual property rights of others. If you are a trademark or copyright owner and believe that your rights have been violated, please notify us of your claim of infringement by providing the following information to our designated copyright agent:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, along with information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For notice of claims of copyright infringement Email: info@monarkcap.com
Compliance With Laws
You affirm and guarantee that (i) you are not situated in a country subject to a United States Government embargo or designated by the United States Government as a “terrorist supporting” country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties. You agree not to utilize the Service for any illicit purpose. Ensuring that your use of the Service complies with all applicable laws, rules, and regulations is solely your responsibility. Furthermore, you acknowledge that, to utilize the Service, (i) the content must belong to you (you own it) or you must have the right to use it and grant us the rights and license as outlined in these Terms, and (ii) the utilization of your content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Monark Capital LLC, its licensees, licensors, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts, and expenses (including but not limited to attorney’s fees) arising from or related to: (i) your use and access of the Service; (ii) a violation or breach of these Terms or any other agreement governing your use of the Service; (iii) a violation of any of your representations or warranties made to us; or (iv) a violation of any law or the rights of any third party.
Disclaimer Of Warranties
The service is provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible by law, Monark Capital LLC and its subsidiaries, affiliates, related companies, employees, managers, officers, or agents (collectively, the “Monark Capital Parties”) make no representations or warranties or endorsements of any kind whatsoever, express or implied, regarding: (a) the service; (b) Monark Capital Content; (c) third-party content; or (d) security associated with the transmission of information to Monark Capital or via the service. Additionally, the Monark Capital Parties hereby disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus. The Monark Capital Parties do not guarantee that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including viruses. The Monark Capital Parties do not warrant that the information (including any instructions) on the service is accurate, complete, or useful. You acknowledge that your use of the service is at your sole risk. The Monark Capital Parties do not warrant that your use of the service is lawful in any particular jurisdiction and specifically disclaim such warranties. By accessing or using the service, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service. The Monark Capital Parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability, or cause of any kind or character based on or resulting from any content.
Limitation Of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE MONARK CAPITAL PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) MONARK CAPITAL CONTENT; (C) THIRD PARTY CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MONARK CAPITAL PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE MONARK CAPITAL PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE MONARK CAPITAL PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE, OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” THE MONARK CAPITAL PARTIES ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE MONARK CAPITAL PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Exclusions
UNDER NO CIRCUMSTANCES WILL THE MONARK CAPITAL PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) MONARK CAPITAL CONTENT; (C) THIRD PARTY CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MONARK CAPITAL PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE MONARK CAPITAL PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE MONARK CAPITAL PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE, OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” THE MONARK CAPITAL PARTIES ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE MONARK CAPITAL PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Time Limitation On Claims
You agree that any claim you may have arising out of or related to your relationship with Monark Capital LLC must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
Governing Law
You expressly agree that these Terms and any dispute arising out of these Terms or use of the Service shall be governed, construed, and enforced in accordance with the laws of Florida, United States, without regard to its conflict of law provisions. You further agree and consent to the exclusive personal and subject matter jurisdiction and venue of the state and federal courts located in Broward County, Florida, for the resolution of any such dispute, and you agree and submit to personal jurisdiction in such courts. In addition, you forever waive any argument or defense based on personal jurisdiction, venue, or forum non convenient.
Class Action Waiver
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS AS A REPRESENTATIVE OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
Miscellaneous Terms
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. You may not assign your rights or obligations under this Agreement without our prior written consent, and any attempt to do so without such consent will be null and void and given no force or effect. Monark Capital LLC may assign its rights under this Agreement without condition. These Terms constitute the entire agreement between us regarding the Service and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time, without notification. It is your responsibility to review the latest Terms before you use the Service. By continuing to access or use the Service after new Terms become effective, you agree to be bound by the new Terms. If you do not agree to the new Terms, please stop using the Service.
Text Message Opt-In
If at any time an inquiry is submitted through www.Monarkcap.com
Text Message Opt-Out
If at any time you receive a text message after submitting a form and wish to no longer receive text messages, you have the right to opt out of any message and any future messages by replying with the words, “STOP” or “UNSUBSCRIBE”
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
- By email: Info@monarkcap.com
- By visiting this page on our website: www.Monarkcap.com